Morrison Mahoney Partner John Flahive recently won at trial following opening arguments. John was defending a cardiologist in a wrongful death medical malpractice case at the Worcester Superior Court. The plaintiff alleged that the cardiologist failed to timely treat the patient’s atrial flutter (with rapid ventricular response) and delayed in transferring the patient to the ICU, resulting in respiratory failure and premature death. Complicating the defense of the case was that our cardiologist had passed away before the trial and could not be deposed due to his underlying illness. There were also a number of co-defendants who asserted that they relied, in part, on the cardiologist’s recommendations for treatment. The case was scheduled to last two weeks. After John’s opening statement, plaintiff’s counsel voluntarily dismissed our client from the case and continued to pursue the matter against the remaining co-defendants.